Jump to content
  • Tweets

  • Posts

    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
    • i've known 10yrs of DD's to be refunded. the company must prove a valid contract for the period. no proof the DD's all get refunded   dx  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
        • Like
      • 16 replies
style="text-align:center;"> Please note that this topic has not had any new posts for the last 3686 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A friend of mine was telling me how a bailiff had levied on a vehicle which did not belong to him, I had been reading on here about how frequently this occurs.

 

He was behind on council tax and discovered he would be eligible for small business rates relief, inbetween sorting this out and paying the balance rossendales visited 24.50 first visit, second visit levy on a vehicle presumed to belong him described as van fees and levy an extra £230, then a visit when he was actually there to take the payment under duress paid the full amount after a period of arguing he was threatened with police, £50/hr costs and he would sit there until he got his money.

 

I read some good advice on here and told him to write to the council and rossendales asking them to prove via DVLA check it was his vehicle and refund the money although accept the first visit £24.50.

 

Rossendales have wrote back asking him to prove it's not his vehicle by way of sending copies of logbook and insurance? how can he do that if the vehicle does not belong to him..

 

Thanks in advance

Share this post


Link to post
Share on other sites

Do you know the person that of the vehicle, if so then you can ask them to do a statutory declaration which can be sworn at a solicitors or a local county court. He can then send that to the bailiff company.

If he does not know the owner, then he must write back and tell them to do a search.

  • Haha 1

Share this post


Link to post
Share on other sites

Send council and rossendales a copy of this ask rossendales to refund levy fee walking possession fee (if charged)and van fee within 14 days of your recorded delivery letter

informing them both if fees are not returned your next move is a form 4 against the bailiff and small claims court action against rossendales and the council as co defendant for the return of unlawful fees

 

rossendales can and should have done a Dela check against the van before the fees were charged

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/262730-has-bailiff-levied-upon.html

 

April 2010 Insight – Local Government Ombudsmanlink3.giflink3.gif

 

 

As it has become increasingly difficult for bailiffs to gain access to debtors’ homes for the purpose of taking goods for council tax, the practise of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practise, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffs and the council employing them.

 

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

 

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

 

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

 

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

 

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

 

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.

 

 

Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

  • Haha 1

Share this post


Link to post
Share on other sites

Thanks for the rapid advice Seanamarts and Hallowitch, just printed this for him going to take it round to him. The vehicle belongs to a neighbour who knows nothing of the levy, seems ludicrous that they can choose to levy on anything then you have to prove otherwise, it could not be possible to do so in some cases.

Share this post


Link to post
Share on other sites
Thanks for the rapid advice Seanamarts and Hallowitch, just printed this for him going to take it round to him. The vehicle belongs to a neighbour who knows nothing of the levy, seems ludicrous that they can choose to levy on anything then you have to prove otherwise, it could not be possible to do so in some cases.

Bailiffs are a law unto their own, they just make it up as they go along

Share this post


Link to post
Share on other sites

Following on from above have you had a breakdown of what they have charged you so far? I would also get on the Council and ask how the original Liability Order was for so you can start to cover all bases when it comes to trying to get your money back.

 

PT


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
Thanks for the rapid advice Seanamarts and Hallowitch, just printed this for him going to take it round to him. The vehicle belongs to a neighbour who knows nothing of the levy, seems ludicrous that they can choose to levy on anything then you have to prove otherwise, it could not be possible to do so in some cases.

 

I posted the original link to the above letter from the Local Government Ombudsman and I would also advised anyone who has received such a levy to make a formal complaint to the relevant council as it is the COUNCIL who are wholly responsible for any levy (or charges) made by their agents.

 

Insist that ALL charges associated with this so called levy are immediately removed.

 

PS: Which bailiff company was this ?

  • Haha 1

Share this post


Link to post
Share on other sites

Thanks for the replies, the original order had been paid plus £100 court costs, the bailiff just came to collect his costs as he put it, first visit, levy and van fees.

 

I spoke to my friend and showed him this post, he was very surprised there was such useful responses.

 

He received another letter from rossendales, basically acknowledging the complaint he made then the next paragraph said 'If it is found you have made a vexatious complaint against our company you will be prosecuted and through a court ordered to pay substantial costs'

 

He sort of laughed and went a bit serious saying can they do that?? I said you just want your money back, it's not your vehicle the levy was on so it's incorrect!

 

He's upset because as soon as his revised bill came it was paid although by cheque his account was cleared in a week plus the £100 court costs.

 

The bailiff was working on the previous figure before the rates relief was applied and acted in between the council providing the revised bill. In short the bailiff was chasing for the full amount roughly £1000 plus whatever he added when in fact the bill was £500 after the rate relief.

 

Thanks for the help

Share this post


Link to post
Share on other sites

Van fee? Levy fee ? The bailiff levied the wrong car there should not be a levy fee, also a van fee, no valid levy so no van fee.

Share this post


Link to post
Share on other sites

Seanamarts it correct no levy /van fee the only bailiff fees you should have paid is £42.50

the rest should be returned

 

send them this

 

 

"From:

My Name

My Address

 

To:

Acme bailifflink3.gif Co

bailifflink3.gif House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Breakdownlink3.gif of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

 

send by e-mail & recorded delivery letter

 

Has he been in touch with the council about this

 

 

Share this post


Link to post
Share on other sites

Thanks for the replies!

 

I gave him some information I found here to produce a letter requesting a refund of charges and asking them to provide evidence via DVLA check to prove it is an incorrect levy and to notify him when this has been done and the refund is on it's way.

 

The letter went recorded delivery to council and rossendales, the council have backheeled it to rossendales saying it's up to them to sort out.

 

He rang me before to say there is another letter today from rossendales saying they are investigating the complaint and the bailiff has evidence the vehicle belongs to him? He must forward copies of V5 and insurance to prove otherwise. That's three letters in three days from them.

Share this post


Link to post
Share on other sites

i would like to see what evidence they have to suggest the car is his,

Share this post


Link to post
Share on other sites

The Council are passing the buck - they are responsible for the Bailiffs actions. Write a letter to both Council & Bailiff telling them you want the fees refunded or you will submit an N1 in the County Court naming both Council & Bailiffs as Co-Defendants - give them 7 days.

 

PT

  • Haha 1

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Thanks for the replies, I said I'd do a letter for him, on another note he got a letter from council saying the government are giving small businesses which have 50% rate relief 100% from october 2010 to sept 2011, I think there will be a few upset bailiff's lol!!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...